Constitutional Law

Civil Rights Suit Challenges Feds' License Rule for Lawyers Seeking to Pursue Terror Case

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A group of civil rights lawyers filed suit in Washington, D.C., today to challenge a new federal rule requiring lawyers in certain terrorism cases to obtain a license from the Treasury Department before pursuing the matter.

Underlying the case is the lawyers’ desire to act of behalf of Anwar al-Awlaki, who has been named by the United States government as a specially designated global terrorist, in a court challenge of a reported American plan to kill him without a trial. However, the lawyers cannot legally file suit without obtaining the Treasury Department license, which has so far not been forthcoming, explains the New York Times.

“The same government that is seeking to kill Anwar al-Awlaki has prohibited attorneys from contesting the legality of the government’s decision to use lethal force against him,” states the complaint.

The complaint was jointly filed by the American Civil Liberties Union and the Center for Constitutional Rights. It asks the court to strike the federal rule requiring lawyers to obtain a license as an unauthorized violation of the attorneys’ constitutional rights. Alternatively, in the short run, the plaintiffs would be satisfied simply with a court order requiring the Treasury Department to issue the license allowing the lawyers to proceed with the court challenge of the plan to kill Anwar al-Awlaki, the newspaper reports.

A Treasury spokeswoman didn’t respond to the Times’ request for comment. However, last month, Stuart Levey, who serves as the department’s under secretary for terrorism and financial intelligence, said Awlaki is an “extraordinarily dangerous” threat to national security.

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